Powers of Attorney and Wills

Start Here If You Are New to POA and Wills

The Marine Corps provides free Powers of Attorney (POA) and will preparation through Personal Services Attorneys at the installation LSSS or OSJA. Four primary POA types serve different purposes. General POA grants broad authority over your affairs. Special POA grants specific limited authority for specific tasks (e.g., shipping a POV, registering a car, signing a lease). Limited POA is similar to Special POA but typically narrower and time-bounded. Durable POA continues in effect even if you become incapacitated. Wills direct the disposition of your property after death and name guardians for minor children. Wills prepared by JAG are valid in all states under 10 U.S.C. 1044d. Pre-deployment legal preparation should include current POA, current will, and current Family Care Plan. POAs and wills can be prepared during walk-in office hours or by appointment. Per MCO 5800.16 Vol 5MCO 5800.16 Vol 5.

This page walks you through POAs and wills from your seat as a General Marine. By the end you will know.

• The four primary POA types and when to use each
• The risks of broad POAs (especially General POA)
• Will preparation framework
• The Servicemembers Group Life Insurance (SGLI) beneficiary distinction from a will
• Pre-deployment legal checklist
• Notary services through JAG
• Free preparation through JAG vs hiring a civilian attorney
• How to revoke a POA

Every fact on this page comes from MCO 5800.16 Vol 5MCO 5800.16 Vol 5, JAGMAN, 10 U.S.C. 1044a and 1044d, and the Uniform Power of Attorney Act.

Power of Attorney Overview

A Power of Attorney is a legal document where you (the Principal) authorize another person (the Attorney-in-Fact or Agent) to act on your behalf in specified matters.

Why You Need a POA

Common scenarios.

• You are deploying and need someone to manage your affairs.
• You are at a school or training and need someone to handle a specific transaction.
• You are unable to be physically present for a closing, signing, or registration.
• You want to ensure your spouse or trusted family member can manage household affairs in your absence.

Trust Considerations

A POA gives the Attorney-in-Fact significant authority. Choose carefully.

• The Attorney-in-Fact can act in ways that bind you legally and financially.
• Some POAs allow the Attorney-in-Fact to access bank accounts, sell property, sign contracts, and incur debts.
• A bad-faith Attorney-in-Fact can cause significant harm.

Best practice is to grant the narrowest POA that accomplishes your goal.

The Four Primary POA Types

1. General Power of Attorney

Broad authority. The Attorney-in-Fact can do almost anything you can do.

What General POA Authorizes

• Manage bank accounts.
• Sell or buy property.
• Sign contracts.
• File taxes.
• Make medical decisions (if combined with a healthcare POA).
• Almost any other legal act.

Risks

• Significant exposure if the Attorney-in-Fact acts in bad faith.
• Can be misused to drain bank accounts, sell assets without your knowledge, or incur debts in your name.
• JAG often recommends AGAINST General POA unless absolutely necessary.

When to Use

Reserve for situations where you genuinely need broad authority and you trust the Attorney-in-Fact completely (e.g., spouse during long deployment).

2. Special Power of Attorney

Specific authority for a specific task or matter.

What Special POA Authorizes

• Ship a POV (Power of Attorney to Ship POV).
• Register a vehicle (Power of Attorney for Vehicle Registration).
• Sign a lease (Power of Attorney for Specific Lease).
• Close a real estate transaction (Power of Attorney for Closing).
• Pick up household goods (Power of Attorney for HHG Pickup).
• Manage one specific bank account.

Why Special POA Is Preferred

• Limits the Attorney-in-Fact's authority to the specific task.
• Reduces exposure to misuse.
• Is widely accepted by financial institutions, government agencies, and other parties.

3. Limited Power of Attorney

Similar to Special POA but typically narrower in scope and time-bounded.

What Limited POA Authorizes

• A single transaction.
• A specific time period.
• A defined set of authorities that does not extend beyond what is stated.

Common Use

A Limited POA may authorize the Attorney-in-Fact to perform one act and only one act, such as signing a single document on a specific date.

4. Durable Power of Attorney

Continues in effect even if you become incapacitated.

Why Durable POA Matters

A standard POA terminates automatically when you become incapacitated (e.g., severely injured, in a coma). A Durable POA continues in effect.

When to Use

• Critical for incapacity planning.
• Appropriate for healthcare decisions (in combination with a healthcare directive).
• Appropriate for long-term financial management when incapacitation risk is real.

Risks

A Durable POA is even more powerful than a standard POA because it continues during your incapacity. Choose the Attorney-in-Fact with extreme care.

5. Healthcare Power of Attorney (Special Case)

A specific type of POA authorizing the Attorney-in-Fact to make medical decisions on your behalf when you are unable.

What Healthcare POA Covers

• Consent to or refuse medical treatment.
• Coordinate with hospitals, doctors, and family.
• Implement your Living Will or advance directive.

Often Combined With Living Will

A Living Will documents your preferences for medical treatment in end-of-life situations. The Healthcare POA gives someone authority to enforce those preferences.

Wills

A will is a legal document directing the disposition of your property after death and addressing related matters.

What a Will Does

• Directs how your property is distributed after death.
• Names guardians for minor children.
• Names an executor (the person who administers the estate).
• Provides specific bequests (e.g., "my watch to my brother John").
• Addresses pets and their care.
• Addresses charitable donations.

What a Will Does NOT Do

• Does NOT control the disposition of life insurance proceeds (controlled by the named beneficiary).
• Does NOT control retirement account distributions (controlled by the named beneficiary).
• Does NOT control jointly owned property with rights of survivorship (passes automatically to the survivor).
• Does NOT control payable-on-death (POD) bank accounts (passes to the named beneficiary).

SGLI Beneficiary Distinction

Servicemembers Group Life Insurance (SGLI) proceeds pass to the SGLI beneficiary you named in DD Form 8286DD Form 8286 / SGLV 8286 / via your SGLI Online Enrollment System (SOES) profile. NOT through your will.

Critical

Update your SGLI beneficiary at major life events. The SGLI beneficiary is what controls the payout, not your will. Out-of-date SGLI beneficiary designations cause significant family hardship.

The SGLI, FSGLI, TSGLI, and VGLI page covers SGLI in detail.

Will Preparation Through JAG

JAG prepares wills for free through Personal Services Attorneys.

What to Bring

• Government ID (CAC).
• Names, addresses, and DOBs of beneficiaries.
• Names, addresses, and DOBs of minor children.
• Names of proposed guardians for minor children.
• Names of proposed executors.
• List of assets (general categories, not detailed inventory).
• Information about specific bequests (specific items going to specific people).

Process

The Personal Services Attorney interviews you, drafts the will, and witnesses execution. The will is typically self-proving (eliminates the need for witnesses to testify in probate).

Validity Across States

Per 10 U.S.C. 1044d, a will prepared by JAG (a Military Testamentary Instrument) is valid in ALL states. State testamentary laws vary, but the federal statute provides nationwide validity for properly executed JAG-prepared wills.

Updating Your Will

Update your will at major life events.

• Marriage.
• Divorce.
• Birth or adoption of a child.
• Death of a beneficiary.
• Significant change in assets.
• Change of state of residence (to verify state-specific issues).

The PSA prepares a new will to replace the old. The new will revokes the old.

Pre-Deployment Legal Checklist

Before deployment, every Marine should have current.

POA

• General or Special POA for spouse or trusted person to manage household affairs.
• Special POAs for specific anticipated tasks (e.g., HHG pickup, vehicle registration).

Will

• Up-to-date will reflecting current beneficiaries and current circumstances.
• Guardian named for minor children.
• Executor named.

SGLI Beneficiary

• Current SGLI beneficiary designation in SOES.
• Family aware of the named beneficiary.

Healthcare POA and Living Will

• Healthcare POA for someone you trust to make medical decisions.
• Living Will documenting your end-of-life preferences.

Family Care Plan

• For single Marines with dependents and dual-military couples.
• Documents short-term and long-term care providers.
• Required by MCO and command policy.

The Joining a Unit page covers the post-PCS Family Care Plan framework.

Financial Records

• Banking access for spouse or trusted person.
• Bill payment arrangements.
• Insurance documentation.

Update DEERS

• Current DEERS reflects all dependents accurately.
• Affects entitlement to family benefits.

Notary Services

JAG provides free notary services to active duty Marines.

What Notary Does

The notary verifies your identity and witnesses your signature on documents requiring notarization.

Common Documents Requiring Notarization

• Many POAs (state requirements vary).
• Affidavits.
• Some real estate documents.
• Some insurance documents.

Federal Notary Authority

Per 10 U.S.C. 1044a, JAG officers and certain other military officers have nationwide notary authority.

Free Through JAG vs Hiring a Civilian Attorney

Free Through JAG

• Standard POA preparation (General, Special, Limited, Durable).
• Healthcare POA.
• Standard will preparation.
• Living Will.
• Notary services.
• Counseling on POA and will choices.

Hire a Civilian Attorney For

• Complex estate planning (large estates, trust structures, business succession).
• Estate tax planning.
• Long-term care planning (Medicaid planning).
• International estate matters.
• Some complex testamentary instruments.

JAG can refer you to civilian estate planning attorneys.

Revoking a POA

A POA remains in effect until.

• The Principal revokes it.
• The expiration date passes (if the POA has a stated expiration).
• The Principal dies (POA terminates at death; the will then governs).
• The Attorney-in-Fact dies, resigns, or becomes incapacitated.

How to Revoke

• Sign a written revocation document.
• Notify the Attorney-in-Fact in writing that the POA is revoked.
• Notify any third parties (banks, government agencies, etc.) who may be relying on the POA.
• Destroy all originals of the POA where possible.

Why Revocation Matters

A POA does NOT automatically expire on divorce or other relationship changes. You must revoke explicitly.

Common Mistakes Marines Make

Mistake 1. General POA to a New Acquaintance

Granting broad authority to someone you do not know well or trust completely. JAG strongly discourages this.

Mistake 2. Failing to Update SGLI Beneficiary

After marriage, divorce, or birth of a child, the SGLI beneficiary may need updating. The SGLI beneficiary controls the payout, NOT the will.

Mistake 3. Outdated Will

A will from years ago may name beneficiaries who no longer exist (deceased) or no longer reflect current relationships.

Mistake 4. No Will Because "I Don't Have Much"

Without a will, state intestacy laws govern. The state may distribute your property in ways you would not have chosen. Even simple estates benefit from a will.

Mistake 5. Granting POA Without Time Limit

Grant POAs with specific time limits when possible. An open-ended POA is harder to revoke and creates exposure.

Mistake 6. Failing to Notify Third Parties of Revocation

If you revoke a POA but the bank does not know, the bank may continue to honor the POA. Notify all third parties.

Common Questions Marines Ask

What is a POA?

A Power of Attorney is a legal document where you authorize another person to act on your behalf. JAG prepares POAs for free.

What is the difference between General and Special POA?

General POA grants broad authority. Special POA grants specific authority for specific tasks. JAG generally recommends Special POA over General POA to limit exposure.

When should I use a Durable POA?

When you want the POA to continue if you become incapacitated. Particularly important for healthcare and long-term financial management.

Does JAG charge for POA or wills?

No. Personal Services Attorneys at LSSS or OSJA prepare POAs and wills for free for active duty Marines.

How long does it take to get a POA?

Often a single walk-in visit. Will preparation typically requires an appointment.

Is a JAG-prepared will valid in my home state?

Yes. Per 10 U.S.C. 1044d, JAG-prepared wills (Military Testamentary Instruments) are valid in all states.

What does a will control?

Disposition of property after death and naming guardians for minor children. Does NOT control SGLI beneficiary, retirement account beneficiary, joint-survivor property, or POD accounts.

What controls SGLI proceeds?

The SGLI beneficiary you named in SOES. NOT your will. Update SGLI beneficiary at major life events.

Should I have a Healthcare POA?

Yes. Healthcare POA gives someone authority to make medical decisions for you when you cannot. Particularly important for combat-deployed Marines.

What is a Family Care Plan?

A documented plan for short-term and long-term care of dependents. Required for single Marines with dependents and dual-military couples. Per MCO and command policy.

What do I bring to the JAG appointment?

Government ID (CAC). Names, addresses, and DOBs of beneficiaries and Attorneys-in-Fact. List of assets (general categories). Information on specific bequests.

How do I revoke a POA?

Sign a written revocation. Notify the Attorney-in-Fact in writing. Notify any third parties (banks, agencies). Destroy original copies where possible.

What if I am divorced and forgot to update my POA?

The POA remains in effect until you revoke. Sign a written revocation immediately. Notify your former spouse and any third parties. Coordinate with PSA for any related estate planning.

Where to Go for Help

Routing by Issue

• POA preparation. Personal Services Attorney at installation LSSS or OSJA.
• Will preparation. Personal Services Attorney (typically by appointment).
• Healthcare POA and Living Will. Personal Services Attorney.
• Notary services. JAG officers per 10 U.S.C. 1044a.
• Revoking a POA. Personal Services Attorney for revocation document and notification process.
• SGLI beneficiary update. SOES at https://milconnect.dmdc.osd.mil/.
• Pre-deployment legal preparation. Coordinate with PSA during pre-deployment legal surge.
• Complex estate planning. PSA for referral to civilian estate planning attorney.

Where to Go Next on This Site

• Legal Services landing page lists all topics.
• Legal Services Overview and How to Get Help covers PSA access.
• Family Law for Marines covers divorce and custody implications for POA and wills.
• SGLI, FSGLI, TSGLI, and VGLI covers SGLI beneficiary designations.
• Joining a Unit covers Family Care Plan.
• Servicemembers Civil Relief Act (SCRA) covers civilian-side protections.
• Death Payments and Survivor Benefits covers SGLI and DIC.

Related Roles

• Leaders coach Marines on pre-deployment POA, will, and Family Care Plan preparation.
• Admin at S-1 supports JAG appointment scheduling and notarization.
• Commanders ensure unit Marines have current legal documents before deployment.

JAG provides free POA and will preparation through Personal Services Attorneys at every installation LSSS or OSJA. Four primary POA types. General (broad), Special (specific task), Limited (narrow), Durable (continues during incapacity). Plus Healthcare POA. Wills direct disposition of property and name guardians. JAG-prepared wills valid in all states per 10 U.S.C. 1044d. SGLI beneficiary controls SGLI proceeds (NOT the will). Pre-deployment checklist. POA, will, Healthcare POA, Living Will, SGLI beneficiary update, Family Care Plan. Revoke POAs explicitly when no longer needed.